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Report No. 185

35. Insertion of new section 57A.-

After section 57 of the principal Act, the following section shall be inserted, namely:-

"57A. Court to take judicial notice of certain matters relating to foreign states (1) Every Court shall take judicial notice of the fac.-

(a) that a State has or has not been recognized by the Central Government;

(b) that a person has or has not been recognized by the Central Government as head of a State.

(2) If, in any Court, questions with reference to sub-section (1) arise, the Secretary to the Government of India in the appropriate department shall, on the application of the Court, forward to the Court, the decision of the Central Government on the question, and that decision shall, for the purpose of the proceeding, be final.

(3) The Court shall forward to the said Secretary, in a document under the seal of the Court and signed by a Judge of the Court, questions framed so as properly to raise the question, and sufficient answers to those questions shall be returned to the Court by that Secretary and those answers shall, on production thereof, be conclusive evidence of the matters therein contained."

Review of the Indian Evidence Act, 1872 Back

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